Cases Flashcards
(11 cards)
Muirhead and Turnbull v Dickson 1905
In this case the court looked at the outward expressions of the parties rather than their subjective intentions.
What do the The Unfair Contract Terms Act 1977 (UCTA) and the Consumer Rights Act 2015 do
regulate exemption clauses and other potentially unfair terms, particularly in standard form contracts and contracts with consumers
Different types of error
Error preventing formation, Uninduced mutual error about aspect, unilateral error, induced error
Misrepresentation
A false statement of fact made by one party to another that induced the other party to enter a contract. This renders the contract voidable, subject to the possibility of restituio in interfum
what contract does need writing
transfer of land
Intention to create legal obligations
Both parties must intend to be legally bound by their agreement. Usually in commercial delas its assumed that people mean to make a legal contract. In family or social arrangements its assumed they don’t mean to create legal obligations (unless proven otherwise).
Intention to create legal obligations example
Woods v Co-operative Insurance Society 1924 : The document they both signed said it was “binding in honour only” — meaning they did not intend for it to be a legal contract.
Execution in counterpart
Each party signs their own separate copy of the same document.
These separate signed copies together form one valid contract.
The contract becomes effective when the signed counterparts are delivered — usually by email (like scanned PDFs) or other agreed methods.
jus quaesitum tertio meaning
Scots law recognises that a person who is not a direct party to a contract may still be able to sue on its terms if the contract was intended to benefit them
unjustified enrichment
This is a separate area of the law of obligations concerned with preventing one party from being unjustly enriched at the expense of another.
